This 2-acre site consists of two neighboring lots owned by Fletcher's Paint Works; a former manufacturing plant/retail outlet on Elm Street and a storage area 700 feet south on Mill Street. Fletcher's Paint Works manufactured and sold paints and stains, for residential use, at its Milford plant from 1949 until 1991. Bulk paint pigments were stored at the warehouse shed. The owner stored several hundred drums behind the plant, and naphtha and mineral spirits were stored in underground tanks. Contaminants from the storage facility were found in a drainage ditch adjoining the Hampshire Paper Co. property. In 1982, the State inspected the facility in response to a complaint and found 800 drums of alkyd resins and 21 drums of solvent. Leaking and open drums, as well as stained soil, were observed. An EPA investigation of the site was prompted by the discovery of VOC contamination in the adjacent Keyes Municipal Water Supply Well. Drums were removed from the Elm Street facility, and a permeable synthetic liner and clean fill were placed over areas containing high levels of polychlorinated biphenyls (PCBs) at both the Mill Street and Elm Street locations. By the end of 1991, a fence had been built around the Elm Street property. The storage shed and its contents were properly disposed of during the summer of 1993, due to deteriorating conditions and concern of local citizens. In 1995, contaminated surface soils were removed from 3 residential properties adjacent to the Mill Street site. Asphalt was also placed over Mill Street to direct future run-off away from these residential properties. In 1996, contaminated soils were removed from a small piece of land adjacent to the Elm Street facility to allow for construction of a Korean War Memorial. In December 2000, EPA began demolition and disposal of the former Fletcher's Paint Works building on the Elm Street property. The demolition action was completed in the Spring of 2001. The site is situated in a densely populated residential and commercial area, located approximately 1/8th mile from the downtown Milford area. Approximately 11,400 people within 3 miles obtain drinking water from public and private wells. There are three schools and a 10 acre recreation field located adjacent to the site. The site also includes the sediments in the adjacent Souhegan River, which is used for recreational activities.

The source of contaminants at the Site resulted from 20 years of storage and release of scrap pyranol, which is a mixture of PCBs and solvents. Drummed wastes containing VOCs, base/neutral solids and liquids, and PCB liquids, were stored at the property from the mid 1950's through the late 1980's. Pallets of paint pigments and bagged asbestos were also stored at the Site. Since the Souhegan River is adjacent to the site, sediments and surface waters from the river have been found to contain VOCs, including benzene and toluene; heavy metals including nickel and lead; and PCBs. Soil contamination consists primarily of PCBs, PAHs, and VOCs. The site is located adjacent to a popular recreation area, the Keyes Field. Groundwater below this field was found contaminated with VOCs in the early 1980's resulting in the shut down of the Keyes Municipal Water Supply Well. Gasoline components were the major contaminant found in the groundwater beneath the Keyes Field during the 1990's. In 1995, PCBs were found in residential yards adjacent to Mill Street. People on or near the site could risk exposure to contaminants by accidentally ingesting, coming into direct contact with, or inhaling chemicals in the air, water, soil, and sediments. The New Hampshire Department of Public Health Services (NHDPHS) together with the New Hampshire Department of Environmental Services (NHDES), have posted signs along the banks of the river advising against swimming or wading in the area adjacent to the site. The NHDPHS has also recommended the skinning and cooking of any fish caught in the river in the vicinity of the site after PCB contamination was found in the fish species sampled in mid-1990's.

The site is being addressed in two stages: initial actions and a long-term remedial phase focusing on soil, sediment and groundwater cleanup. Operable Unit 1 consists of the contaminated soils and groundwater on the Fletcher's Paint Works properties, and Operable Unit 2 will include the sediment contamination in the Souhegan River and the groundwater under the Keyes Field.

In 1988, the EPA undertook an emergency removal effort at the site. Twelve bags of asbestos were contained and sent to an EPA-approved landfill. Soil and air were sampled, and air monitoring was conducted regularly during the cleanup activities. The EPA lined the surface of the PCB-contaminated lot with a synthetic liner, covered it with 6 to 8 inches of gravel, and topped it with 1 inch of stone dust. More than 860 drums of hazardous substances were consolidated, packed in new containers, and sent to an EPA-approved landfill or treatment facility. In 1991, a large portion of the Elm Street facility was secured by a fence, while inside the facility, containers of lab chemicals were retrieved. In 1993, the contents of the Elm Street building were inventoried, overpacked, and disposed of properly, and the storage shed was demolished and disposed of. Clean fill was placed over the Mill Street portion of the site, and it was seeded with grass. By the spring of 1994, a total of approximately 100 wrangler boxes and 559 drums had been taken off-site for proper disposal. The surface soils on three residential properties were removed and replaced with clean fill during the summer of 1995 after it was determined that site related contaminants were being tracked into the residential homes. In total, six families took part in a temporary relocation during this action. Approximately 750 tons of contaminated soils were disposed of at an approved landfill. Also, road work was done to ensure that run-off from Mill Street drained away from the residences and toward the Fletcher property. In 1996, PCB contaminated soils were removed from a small piece of land adjacent to the Elm Street Building to allow construction of a Korean War Memorial. An early October, 2001 fire occurred on the Mill Street portion of the Site, at the former weigh station to the coal yard. This fire debris was properly disposed of, and existing coal piles at the back of the property were sampled and disposed of. In addition, a liner with a foot of sandy cover was placed on top of the property until the final cleanup action takes place.

Soil and Groundwater - Operable Unit 1

Soil and Groundwater: In mid-1994, the EPA completed an intensive study of soil and groundwater contamination at the site. A feasibility study which evaluated cleanup alternatives was completed in the summer of 1996. EPA released their Proposed Plan in December 1996 calling for the excavation and thermal desorption treatment of highly contaminated soils and containment of soils remaining in place. EPA held a 3 month comment period, and an additional 9 month extension, to evaluate data on an In-Situ Thermal Desorption ("Thermal Well") Technology which was proposed by a potentially responsible party for the site. EPA signed the Record of Decision (ROD) on September 30, 1998 and called for excavation and use of on-site thermal desorption treatment as was proposed in the original 1996 proposed plan. On March 14, 2001 EPA signed an Explanation of Significant Differences (ESD) document which allowed consideration of background concentrations for arsenic and low detection limits for benzo(a) pyrene in the final cleanup plan. On June 15, 2009 EPA amended the 1998 ROD, requiring the excavation and off-site treatment and/or disposal of the contaminated soils and the placement of a 40 inch soil cover over residual contamination. On September 30, 2010 EPA signed an ESD modifying the groundwater cleanup level for manganese and adding the revised groundwater cleanup level for arsenic.

Early Remedial Action - Operable Unit 1

Early Remedial Action: In September of 2000, the EPA undertook the demolition of the former Fletcher's Paint Works building, located on the Elm Street portion of the site, after inspecting the newly vacated property and finding deplorable, unsafe conditions. In addition, asbestos materials were prevalent in the building. The building abutted a sidewalk used by children in reaching the three local elementary schools. The demolition portion of this action took place in late December through early January 2001. This action was completed by July 2001 while the site was covered with a temporary liner and sand where the building stood and a fence was place around the site. This action was called for in the September 30, 1998 ROD as part of the overall cleanup plan for the site.

Remedial Design - Operable Unit 1

In August of 2001, a Unilateral Administrative Order issued to General Electric (GE) became effective which initiated the design phase of the overall cleanup. A Pre-Design Work Plan was submitted by GE in December 2001, and Pre-Design Field Work started in May of 2003. A Pre-Design Investigation Report was submitted by GE in January of 2005. The Preliminary (30%) Remedial Design report for low temperature thermal desorption (LTTD) was submitted by GE in November 2005, followed by the submission of Intermediate (60%) Remedial Design reports for both the LTTD remedy and an off-site disposal (OSD) option in June 2007. A draft 100% Remedial Design report for the OSD option was submitted to the EPA on December 31, 2007. In June of 2009, EPA incorporated off-site disposal (OSD) as the primary means to address the excavated, contaminated soils by issuing a 2009 ROD Amendment (see below). In June 2010, EPA modified the Unilateral Administrative Order to include off-site disposal activities. Since the first draft of the 100% Remedial Design for OSD was submitted, additional modifications have been submitted by GE. Specific topics addressed included access issues for residents, staging areas, a Keyes Field Alternative access and new restoration plans. EPA conditionally approved the draft 100% OSD Remedial Design (as modified since 2007, and acknowledging the need for additional restoration plans) in 2011 following discussions with the Town of Milford and GE. EPA agreed on December 2, 2011 that GE may undertake certain field activities during the winter and spring of 2012 and submit the Final OSD Remedial Design in September 2012. EPA also required GE to submit a new schedule for construction start and a list of site preparation activities that may be initiated and completed in 2012. These accelerated construction activities began in April 2012 and included: establishing a parking area and alternative access to the Keyes Field, limited residential cleanup, and telephone pole and utility relocations. are expected to be completed during the fall of 2012.
GE submitted a third draft of the final 100% design on November 26, 2012 which was approved by EPA with conditions on July 10, 2014.

Removal of one of the rail lines (southern), behind the Mill Street Area, was also completed in 2013 to allow for the construction of the Mill Street Area cleanup. The northern rail line will remain active.

OU1 Amended ROD and ESD

EPA released a Proposed Plan in June of 2008 to amend a portion of the OU1 remedy. Specifically the Proposed Plan indicated that EPA would replace LTTD treatment of the excavated, contaminated soils from the site with excavation and off-site disposal of those soils at an appropriate landfill. The remainder of the OU1 remedy - capping over lesser contaminated soils and natural attenuation for contaminated groundwater would remain unchanged. EPA held a public meeting on this proposed change on June 17, 2008 and held a public hearing on July 8, 2008. Many comments were received from the public concerning road closure and trucking of contaminated soils from the site. These comments were addressed in the responsiveness summary section of the Amended ROD which was signed on June 15, 2009. A copy of the 2009 Amended ROD is found below. EPA also issued an Explanation of Significant Differences in September 2010 for changes to the groundwater cleanup levels for manganese and arsenic.

Remedial Action - Operable Unit 1

A draft remedial action work plan and schedule was submitted to EPA for review on June 1, 2015. The majority of the soil excavation (approximately 30,000 cubic yards) is scheduled to be completed in 2016. Some additional excavation, capping and site restoration is scheduled in 2017. The draft schedule calls for final demobilization from the site in September 2017.

RI/FS - OU1 Vapor Intrusion Investigations

EPA initiated investigations at 9 residential homes located near or above the contaminated groundwater plume along Elm, Mill and Cottage streets in Milford, NH. This activity was done to determine if compounds found in groundwater are potentially volatilizing up into nearby homes. Several homes in the area have dirt basement floors and offer no barrier to contaminant migration. The source of the contaminated groundwater was the storage of hundreds of drums of waste liquid PCB and other materials on the Mill Street property in the late 1960's through early 1980's. These drums often leaked and the contents would saturate the earth below and dissolve into the groundwater. DNAPL (dense non-aqueous phased liquids) was identified within the bedrock during the pre-design investigations noted above. This DNAPL consists of highly concentrated PCBs, TCE and TCB. The nature of fractured bedrock allows for DNAPL to hide in cracks and crevices undetected and/or unrecoverable and allows dilute fractions of these contaminants into the groundwater over time. The groundwater contamination at the site is currently monitored for all three of these compounds; however, TCE is the most volatile and mobile and was found at levels exceeding health based screening criteria for vapor intrusion. As a result, EPA sought voluntary cooperation from some 9 residents to sample for contaminated vapors within their basements and first floor living areas. Vapor Intrusion is the movement of contaminants from groundwater into soils as vapors and the potential movement of these vapors through the soils and into homes or buildings. [Note: radon gas is a form of vapor intrusion that home owners maybe more familiar with.]
EPA collected 24-hour air samples from the basement and living spaces of 9 buildings in December 2009 and in September 2010. The current data suggests that none of the indoor air samples exceed the health based screening levels set for TCE (1.2 ug/m3), even though there were detections of TCE in soil gases below basements in several residences.

One other compound that was analyzed for and detected above health based screening levels was benzene. This compound is not believed to be coming from soil gas below the homes but from ambient air concentrations infiltrating homes as a result of nearby gasoline station operations.

Example of two, 24-hour summa cannister sampling devices.

Souhegan River Sediment - Operable Unit 2 (OU2)

In May of 2004, the U.S Army Corp of Engineers (ACE) collected sediment samples from the Souhegan River immediately adjacent to the Elm Street portion of the Fletcher's site as well as down stream. PCB contamination was found in the sediments collected near the site. In 2006, EPA, NOAA , the ACE, the US Fish and Wildlife and GE and their contractor, collectively undertook a field effort to obtain additional sediment and fish tissue data from the areas immediately upstream, adjacent to and downstream of the site. This effort included sediment sample collection to the Goldman Dam (located downstream of the site). In June of 2007, EPA and the ACE collected additional sediment samples following a significant flooding event within the Souhegan River. The data collected to date have shown that the PCB contaminated sediments are found mainly in sediment adjacent to and just downstream of the site. Bank soil sampling on the Boys and Girls Club side of the river, did not show any PCB contamination after the 2007 flood.
EPA and the ACE used the sediment and fish data and determined that the risks to human health are mainly from ingestion of fish. Because PCBs are found in elevated concentrations in sediments deeper than 6 inches, there is also a risk from direct contact and ingestion of contamination sediments while swimming in the area directly across from the Site.

The baseline human health and ecological risk assessment report ( BHHERA) were completed in June 2011. The Remedial Investigation Summary Report for OU2 was completed in September 2011.

Any future potential action that may be necessary to mitigate those risks shall be documented in a Feasibility Study. The Feasibility Study, which looks at various technologies and alternatives available to address the risks posed by the contaminated sediments, has been initiated. The FS report and a proposed cleanup approach is expected to be presented to the public in the summer/fall of 2015.

OU2- McLane Dam Studies

The Town of Milford has undertaken an exploration into the feasibility of removing both the Goldman and McLane Dams. Gomez and Sullivan, the consultants hired to perform the feasibility of the dam removal, required sediment sample collection and in 2011 the EPA partnered with the various federal, state and local agencies supporting the development of and implementation of the work. The data analyzed by the US EPA lab in Chelmsford, MA indicate that only very low levels of PCBs are found in surface sediment between the dams and that PCBs are not seen deposited behind or downstream of the McLane Dam. EPA will continue to review the materials provided by the Town relating to the dam removal studies and the stability of the sediments behind the dams in relation to OU2 potential remedial activities.

OU2 - Keyes Field Groundwater

Sampling conducted by the EPA in 2007 indicate that the contamination that had been present under the Keyes Field is no longer at levels of concern. Groundwater sampling was also attempted in 2009 but only three wells were available for sampling as the remainder of the wells within the Keyes Field had been filled with stones and debris. Again, sample results showed no contaminants of concern within the well field, other than arsenic which is naturally occurring in NH ground waters. A risk assessment on future exposure to Keyes Field groundwater was completed in June 2011. A Record of Decision was issued in September 2012 which determined that no additional cleanup measures for groundwater under the Keyes Field portion of the Site is necessary.

Enforcement Highlights

EPA issued a Unilateral Administrative Order (CERCLA docket No. 01-2001-0063) to the General Electric Company on July 16, 2001. This Order became effective on August 15, 2001 and requires General Electric to perform the remedial design and remedial action at the Site as was specified in the September 30, 1998 ROD, as modified in the 2001 ESD. The Order was modified in June 2010 to address the 2009 modifications to the remedy from treatment on-site to off-site disposal of soils in a landfill.
In September of 2002, the Department of Justice lodged a De Minimis Consent Decree against two potentially responsible parties, AVX Corporation and Great American Financial Resources, Inc. This settlement requires the two parties to pay approximately $2.2 million to the EPA to settle their proportionate share of past costs and future costs, indirect costs and a premium. This money has been placed into a special account to be used by the EPA to cover future costs associated with the Site.

Enforcement Highlights

In a recent CERCLA case involving the United States vs the General Electric Company regarding liability at the Fletcher's Paint site, the Federal District Court in NH ruled on November 10, 2008, that GE was liable as a person who "arranged for disposal of hazardous wastes" at the site. The second phase of the trial between these parties concerned apportionment and unreimbursed costs and the United States was awarded reimbursement costs in December 2010. GE filed an appeal. The First District Court heard the legal arguments in the late summer of
2011. In February 2012, the Courts decision was to uphold GE's liability relating to the Fletcher's Paint Site. As such, GE paid the EPA over $13.5 million in past cost reimbursement.

With the initial actions described above, the EPA has reduced the potential for accidental soil and dust exposure at both the Fletcher's Paint Works, Elm Street & Mill Street locations. Upon completion of the soil and groundwater cleanup, contamination levels will be reduced to meet established health standards for the site, or contained to provide protection from future accidental exposure.

Soils:EPA issued a remedy decision in September of 1998, requiring excavation and thermal desorption of the PCB contaminated soil at the Fletcher's Elm Street and the Mill Street locations. In April of 2000, the EPA issued Special Notice to General Electric, the principle party at the site, to initiate negotiations of a Consent Decree and Statement of Work and solicit their interest in conducting the cleanup. In July, 2001, EPA issued a Unilateral Administrative Order to General Electric for the remedial design and remedial action cleanup specified in the September 30, 1998 ROD. Pre-Design Investigations have been conducted at the site since May of 2003. A Pre-Design Investigation Report, summarizing this series of data collection, was submitted in January 2005. Remedial Design has included the submissions of a work plan, a preliminary (30%) design and an intermediate (60%) design. EPA reviewed the 60% design package for the low temperature thermal desorption remedy selected in EPA's 1998 decision document. GE also submitted for Agency review and consideration an alternative option for the off-site disposal of contaminated soils rather than treatment of those soils on-site through thermal desorption. EPA considered this option and presented a Proposed Plan to the public in June 2008 to change the OU1 remedy component from low temperature thermal treatment to off-site disposal of all contaminated soils excavated from the site. A public hearing was held in July, 2008. EPA issued an amended ROD documenting this change in June 2009. The rest of the OU1 remedy remained unchanged. The Draft 100% OSD Remedial Design for off-site disposal was approved with modification on September 30, 2011 and includes the off-site disposal of PCB contaminated soils, a soil cover over residual soils and restoration of the Elm Street property for Town use for public recreation and parking.

In November 2011, GE requested permission to undertake certain field activities which could avert future delays during construction. Specifically GE requested to perform sampling of site soils to confirm the locations of support walls across the Elm Street Area of the Site. Early data results indicated the need to review placement of the support wall based upon this data. GE also requested permission to undertake a pump test to confirm the pumping rate which would be used to de-water the Mill Street Area soils to allow for excavation to bedrock. To undertake the pump test GE installed several additional monitoring wells, monitored groundwater levels and completed the pump tests.

GE will also be conducting certain Remedial Action items identified in the final design in the fall of 2012. These items include the construction of the alternative parking in the Keyes Field, addressing contamination on a residential lot on Keyes Drive and relocation of telephone poles on both the Elm and Mill Street Areas.

Groundwater: Since late 2007, GE has been performing quarterly groundwater monitoring of the contaminated groundwater at the site. This will continue until the remedy has been constructed and a long term monitoring program can be implemented.

OU2:

Since May of 2004, the US Army Corp of Engineers (ACE) has sampled the sediment in the Souhegan River to determine the current status of the PCB contamination in those sediments adjacent to the site. Based on this data, it was determined that additional data was needed. In 2006 and 2007, additional sediment and fish tissue data were collected through a collective effort with both GE and the EPA, along with the ACE, US Fish & Wildlife and NOAA. Using the most recent data, baseline human health and ecological risk assessments were finalized for release in 2011 along with a Remedial Investigation report summarizing the OU2 data collection efforts. In summary, human health risks were found to be unacceptable for ingestion of contaminated fish and for direct contact to contaminated sediments through recreational activities. The EPA is currently completing a Feasibility Study. A Proposed Plan is expected in late 2015.

An additional component of OU2 - the groundwater beneath the Keyes Field - was addressed in a September 2012 ROD. The OU2 ROD determined that no additional cleanup measures for groundwater under the Keyes Field portion of the Site is necessary.